RajCOMP Info Services Limited (RISL)
RFP for selection of Agencies for Providing
Software Development Services
RajCOMP Info Services Limited (RISL)
First Floor, Yojana Bhawan, C-Block, Tilak Marg, C-Scheme, Jaipur-302005 (Raj.) Phone: 0141-5103902 Fax: 0141-2228701
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Contents
ABBREVIATIONS&DEFINITIONS ... 3
1. INVITATIONFORBID(IFB)&NOTICEINVITINGBID(NIB) ... 6
2. PROJECTPROFILE&BACKGROUNDINFORMATION ... 9
3. PRE-QUALIFICATION/ELIGIBILITYCRITERIA ... 12
4. SCOPEOFWORK,DELIVERABLES&TIMELINES ... 16
4.1 SCOPE OF WORK ... 16
4.2 INITIAL DEPLOYMENT OF TEAM ... 19
4.3 DELIVERABLES,MILESTONE AND TIME SCHEDULE ... 20
4.4 ROLES AND RESPONSIBILITIES OF RISL ... 21
5. INSTRUCTIONTOBIDDERS(ITB) ... 23
6. SELECTIONANDBIDEVALUATIONPROCEDURE ... 36
7. GENERALTERMSANDCONDITIONSOFTENDER&CONTRACT... 48
8. SPECIALTERMSANDCONDITIONSOFTENDER&CONTRACT ... 61
ANNEXURE-1:PRE-BIDQUERIESFORMAT ... 66
ANNEXURE-2:BIDDER’SAUTHORIZATIONCERTIFICATE ... 67
ANNEXURE-3:SELF-DECLARATION ... 68
ANNEXURE-4:CERTIFICATEOFCONFORMITY/NODEVIATION ... 70
ANNEXURE-5: FINANCIALBIDCOVERLETTER&FORMAT ... 71
ANNEXURE 5.1 : CONSOLIDATED FINANCIAL BID... 73
ANNEXURE 5.2 : DETAILED FINANCIAL BID FORMAT ... 74
ANNEXURE-6: BANKGUARANTEEFORMAT ... 76
ANNEXURE-7:DRAFTAGREEMENTFORMAT ... 81
ANNEXURE-8:MEMORANDUMOFAPPEALUNDERTHERTPPACT,2012 ... 84
ANNEXURE-9: QUALIFICATION AND EXPERIENCE OF RESOURCES ... 85
ANNEXURE 10: TECHNICAL SCORING MATRIX ... 89
ANNEXURE 11: PREVIOUS PROJECT EXPERIENCE ... 95
ANNEXURE 12: CURRICULUM VITAE ... 96
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ABBREVIATIONS & DEFINITIONS
Act The Rajasthan Transparency in Public Procurement Act, 2012
(Act No. 21 of 2012) and Rules thereto
Authorised Signatory The bidder’s representative/ officer vested (explicitly, implicitly, or through conduct) with the powers to commit the authorizing organization to a binding agreement. Also called signing officer/ authority having the Power of Attorney (PoA) from the competent authority of the respective Bidding firm.
BG Bank Guarantee
Bid/ eBid A formal offer made in pursuance of an invitation by a procuring entity and includes any tender, proposal or quotation in electronic format
Bid Security
A security provided to the procuring entity by a bidder for securing the fulfilment of any obligation in terms of the provisions of the bidding documents.
Bidder / Agency / Firm / Supplier
Any person/ firm/ agency/ company/ contractor/ supplier/ vendor participating in the procurement/ bidding process with the procurement entity
Bidding Document
Documents issued by the procuring entity, including any amendments thereto, that set out the terms and conditions of the given procurement and includes the invitation to bid
CMC Contract Monitoring Committee
Competent Authority An authority or officer to whom the relevant administrative or financial powers have been delegated for taking decision in a matter relating to procurement MD, RISL in this bidding document.
Contract/ Procurement Contract
A contract entered into between the procuring entity and a successful bidder concerning the subject matter of procurement
Contract/ Project Period
The Contract Period shall commence from the date of signing of Agreement with the selected bidder and will remain valid for Two (02) Year and may further get extended for another One (1) year period with mutual consent
Day A calendar day as per GoR/ GoI.
DeitY, GoI Department of Electronics and Information Technology, Government of India
DoIT&C Department of Information Technology and Communications, Government of Rajasthan.
eGRAS Online Government Receipts Accounting System (e-GRAS) is an e-Governance Initiative of Government of Rajasthan under
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Mission Mode Project category and is part of Integrated Financial Management System (IFMS). e-GRAS facilitates collection of tax/ non-tax revenue in both the modes: online as well as manual. All types of government revenue may be deposited online using this website: https://egras.raj.nic.in/
GoI/ GoR Govt. of India/ Govt. of Rajasthan
ICT Information and Communication Technology.
IFB
Invitation for Bids (A document published by the procuring entity inviting Bids relating to the subject matter of procurement and any amendment thereto and includes notice inviting Bid and request for proposal)
INR Indian Rupee
ISI Indian Standards Institution
ISO International Organisation for Standardisation
IT Information Technology
ITB Instruction to Bidders
LD Liquidated Damages
LoI Letter of Intent
NCB A bidding process in which qualified bidders only from within India are allowed to participate
NeGP National e-Governance Plan of Government of India, Department of Information Technology (DIT), Ministry of Communications and Information Technology (MCIT), New Delhi.
NIB Notice Inviting Bid
Notification A notification published in the Official Gazette
PAN Permanent Account Number
PBG Performance Bank Guarantee
PC Procurement/ Purchase Committee
PQ Pre-Qualification
Procurement Process
The process of procurement extending from the issue of invitation to Bid till the award of the procurement contract or cancellation of the procurement process, as the case may be
Procurement/ Public Procurement
The acquisition by purchase, lease, license or otherwise of works, services, including award of Public Private Partnership projects, by a procuring entity whether directly or through an agency with which a contract for procurement services is entered into, but does not include any acquisition without consideration, and
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“procure” or “procured” shall be construed accordingly Project Site Wherever applicable, means the designated place or places. Performance Security
Deposit (PSD)
Performance Security Deposit is the security which is submitted by the bidder against the work order received.
Purchaser/ Tendering Authority/ Procuring Entity
Person or entity that is a recipient of a service provided by a seller (bidder) under a purchase order or contract of sale. Also called buyer Managing Director, RISL in this RFP document.
RajSWAN/ RSWAN Rajasthan State Wide Area Network
RISL RajCOMP Info Services Limited
RSDC Rajasthan State Data Centre, New IT Building, Jaipur
RVAT Rajasthan Value Added Tax
SD Security Deposit. It is the security deposited by the successful bidder against the contract.
Services
Any subject matter of procurement other than goods or works and includes physical, maintenance, professional, intellectual, consultancy and advisory services or any service classified or declared as such by a procuring entity and does not include appointment of any person made by any procuring entity
SLA
Service Level Agreement is a negotiated agreement between two parties wherein one is the customer and the other is the service provider. It is a a service contract where the level of service is formally defined. In practice, the term SLA is sometimes used to refer to the contracted delivery time (of the service) or performance.
State Government Government of Rajasthan (GoR) State Public
Procurement Portal http://sppp.raj.nic.in Subject Matter of
Procurement Any item of procurement whether in the form of services or works
TIN Tax Identification Number
TPA Third Party Auditors
VAT/ CenVAT Value Added Tax/ Central VAT
WO/ PO Work Order/ Purchase Order
Working Days
Working days is defined as working days as per Government of Rajasthan and working hours are defined as 09:30 hours till 18:00 hours IST
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2. PROJECT PROFILE & BACKGROUND INFORMATION
2.1 About RISL
RajCOMP Info Services Ltd. (formerly RajCOMP) is a fully owned Government of Rajasthan Company; it is a leading consulting organization in the field of Information Technology. RajCOMP Info Services Ltd. (RISL) operates under the aegis of Government of Rajasthan. RISL is designated State Designated Agency(SDA) for implementation of NeGP Components i.e. State Data Centre (SDC), State Wide Area Network (SWAN), Common Service Centre (CSC), State Service Delivery and other State’s Mission Mode Projects (MMPs). RISL is also Technology Partner with departments like Agriculture, Election Department, State Election Department, JCTSL, Education Department, RHSDP etc. RISL takes up the activities of procuring and outsourcing of hardware, software, networking components and other products and services on behalf of Government Departments/ Organization(users).
2.2 Project Profile
Over the past two decades, governments have increasingly leveraged information technology to transform relationships with internal and external stakeholders. Through the use of technology, governments have improved the delivery of services to constituents and increased the efficiency of their own work processes. These improvements have led to greater citizen satisfaction, increased government transparency & efficiency and significant reductions in operating costs.
To build on these advances, innovative governments continue to seek new ways of maximizing business value. As RajCOMP Info Services Ltd. (RISL) have increasingly discovered, finding new ways of sharing information, delivery of services and automation of manual processes will play a key role in achieving the end objective.
Recently RISL has established a Software Development Centre (SwDC) to undertake various custom developed applications for the state. The centre shall be responsible to cater the entire end to end application development requirement which has been planned to be spread on mobile platform and GIS domain as well.
2.2.1 SwDC Objectives:
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Adapt standardized software development process as per industry best practices
Develop base framework and publish service catalogue
Facilitate rapid development
Reusability and modular approach
Develop Quality Assurance and Testing capabilities 2.2.2 Initiatives under SwDC:
2.2.2.1 Develop Connectors / Adapters / APIs for seamless integration with other applications
Conduct study, design and develop all the requisite
interfaces/connectors/adapters to facilitate seamless integration & data flow and ensure open standard architecture within the existing and third party applications
2.2.2.2 Develop Mobile Applications (Android/Windows/iOS)
To extend & provide strategic use of government services and applications on the move and at will to the users (internal / external) by leveraging on wireless and mobile technology
Envisaged Mobile application tasks to be undertaken - Call Center and Grievance Management, eMitra/CSC Kiosks Status / Feedback Service, Tender Information, Application Status Tracking to name a few
2.2.2.3 GIS Application Development
Develop a robust geospatial information system and decision support mechanism to aid decision making process for planning and implementation of various developmental programs in the State
Develop a web based Geo Portal to provide single and integrated view of information system across all government agencies in the state for Local Level planning
Roll-out of the developed GIS application has been planned in phased manner covering various line departments
2.2.2.4 Cloud based Application Development
Implementing a distributed computing paradigm i.e. Cloud Computing which will focuses on providing a wide range of users with distributed access to virtualized
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hardware / software infrastructure over the internet for hosting multi-tenancy applications
SDC’s Cloud infrastructure would be used for providing IaaS (Infrastructure as a Service), PaaS (Platform as a Service), SaaS (Software as a Service)
2.2.2.5 Customized Software Application Development
Plan, design, develop and execute various application development led e-Governance and IT projects to streamline manual processes to the next level of productivity, transparency and efficiency
Currently the application developments are under progress like Rajasthan Sampark, Single-Sign-On, CMIS, eOffice etc.
2.2.2.6 Quality Assurance and Testing
Conduct Quality Assurance and Testing activities to confirm that the application is developed according to customer requirements and is defect free
Prepare of Generic Quality Assurance and Quality Control Framework/Documents/Templates
Prepare of Test Strategy, conducting periodic Audit of the application and defining Quality gates at defined intervals
Procurement of Necessary Testing and other Required Tools like Performance Testing tools, Security testing tools etc.
To undertake all the above mentioned tasks, establishing a strong team of experienced software application developers to undertake large scale e-Governance and customized software application development initiatives for Government of Rajasthan, is of utmost importance. With this objective, RajCOMP Info Services Ltd. (RISL) intends to engage competent Agencies to deploy qualified and experienced resources for the SwDC to undertake various in-house application development initiatives for a period of Two (2) years which may be further extended for a period of another One (1) year on mutual consent with the selected Agency.
2.3 Implementing and Participating Agencies (Stakeholders):
The project shall deliver benefits to various stakeholders associated with the project which has been identified as:
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b) Department of Information & Technology , Government of Rajasthan (DoIT&C) c) Selected Agency
d) Various Departments of Government of Rajasthan
3. PRE-QUALIFICATION/ ELIGIBILITY CRITERIA
1) A bidder participating in the procurement process shall possess the following minimum pre-qualification/ eligibility criteria.
S. No.
Basic Requirement
Specific Requirements Documents
Required 1 Legal Entity The bidder should be a Proprietorship firm
duly registered either under the Rajasthan Shops & Commercial Establishments Act, 1958 or any other Act of State/ Union, as applicable for dealing in the subject matter of procurement
(Note: A self-certified declaration regarding the non-applicability of registration to any Act should be submitted by the bidder)
OR
A company registered under Indian Companies Act, 1956
OR
A partnership firm registered under Indian Partnership Act, 1932. - Copy of valid Registration Certificates OR - Copy of Certificates of incorporation 2 Financial: Turnover
Annual Turnover of the bidder from IT/ ITeS Services in India during each of the last three financial years, i.e., from 2010-11 to 2012-13 (as per the last published audited balance sheets), should be at least Rs. 60 Crores
Note: The Turnover shall not include any services related to hardware / networking / IT Audit / Professional services like Financial
CA Certificate with CA’s Registration Number/ Seal
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No.
Basic Requirement
Specific Requirements Documents
Required Audit / CA services etc.
3 Financial: Net Worth
The net worth of the bidder, as on 31-Mar-2014, should be Positive CA Certificate with CA’s Registration Number/ Seal 4 Technical Capability
1. The Bidder must have successfully completed or on-going at least One assignment of Software / Mobile / GIS
Application Development for any
Government organization / PSU in India, during the period of 1-Mar-2008 and ending 30-April-2014, where the value of the assignment should be at least 1 crore or higher
Note:
i. No clubbing of multiple projects shall be allowed. However, extension value can be considered
ii. The quoted work order shall not include
any license cost of the software / customization of standard application like ERP and AMC cost
iii. Bidders are advised to submit a single work order sufficing the requirement as specified in the above. Submission of extra / back-up work orders may lead to rejection of the bid
Project reference as per Annexure-11 And Work Completion Certificates issued by the client OR Work Order + Self Certificate of Completion / Current Status of the Project (Certified by the CA with CA’s Registration Number/ Seal) 5 Tax registration and clearance
The bidder should have a registered number of
i. Service Tax
ii. Income Tax / Pan number
Copies of relevant certificates of registration 6 Certifications The bidder must possess, at the time of
bidding, a valid :
Copy of valid certificates
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No.
Basic Requirement
Specific Requirements Documents
Required a) ISO 9001:2008 and
b) CMMi Level 3 Certification 7 Mandatory
Undertaking
Bidder should: -
a) not be insolvent, in receivership, bankrupt or being wound up, not have its affairs administered by a court or a judicial officer, not have its business activities suspended and must not be the subject of legal proceedings for any of the foregoing reasons;
b) not have, and their directors and officers not have, been convicted of any criminal offence related to their professional conduct or the making of false statements or misrepresentations as to their qualifications to enter into a procurement contract within a period of three years preceding the commencement of the procurement process, or not have been otherwise disqualified pursuant to debarment proceedings;
c) not have a conflict of interest in the procurement in question as specified in the bidding document.
d) Comply with the code of integrity as specified in the bidding document.
A Self Certified letter as per Annexure-3: Self-Declaration 8 Manpower Strength
The Bidder must have a minimum strength of 150 fulltime IT / Software professionals (B.E. / MCA) on the payroll of the company in India at the time of bid submission.
Self-Certification by the authorized signatory 9 Non-Disclosure Agreement
Bidder to submit the Non-Disclosure Agreement sealed and signed by the Authorized Signatory on the Letter Head of the Company
As per Annexure 13
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2) In addition to the provisions regarding the qualifications of the bidders as set out in (1) above: -
a. the procuring entity shall disqualify a bidder as per the provisions under “Clause: Exclusion/ Disqualification of bids in Chapter-5: ITB”; and
b. the procuring entity may require a bidder, who was pre-qualified, to demonstrate its qualifications again in accordance with the same criteria used to pre-qualify such bidder. The procuring entity shall disqualify any bidder that fails to demonstrate its qualifications again, if requested to do so. The procuring entity shall promptly notify each bidder requested to demonstrate its qualifications again as to whether or not the bidder has done so to the satisfaction of the procuring entity.
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4. SCOPE OF WORK, DELIVERABLES & TIMELINES
RajCOMP Info Services Ltd. (RISL) intends to engage competent Agencies to deploy qualified and experienced resources for the SwDC to undertake various in-house Application Development activities, who would work under the guidance of RISL to ensure timely development of various applications / application modules and undertake other related activities as per the requirement of SwDC.
Application Development services (Software Application/GIS Application/Mobile Application) shall broadly include but not limited to requirement gathering, preparation of User Requirement Specifications (URS) / Functional Requirement Specifications (FRS) / Software Requirement Specifications (SRS) / Software Design Document (SDD) and other Documents, undertake Software Application Development, Mobile Application Development, GIS Application Development, building Connectors/Adapters/Web Services, Testing & Quality Assurance, UAT, Version Control, Roll Out and Operations & Maintenance of the developed applications as per the direction of RISL.
4.1 Scope of Work
The deployed resources shall be responsible to follow industry standards software development methodology in conjunction with the guidelines issued by DoIT&C / DiETY, prepare documents as per standard templates provided by RISL and undertake below mentioned activities as per the direction of RISL:
4.1.1 Undertake Requirement Gathering, preparation of Project Documents, Functional Requirement Study (FRS) Document
Carry out study of the existing business processes to thoroughly understand the functional and operational mechanism and collect requirement from the concerned officer(s) and undertake the following activities:
Prepare As-Is Maps. To-Be maps and undertake gap analysis
Understand / assess input data and outputs / reporting requirements
Collect existing forms, registers and report formats
Prepare different use cases scenario
Interact with concerned officials and review of the existing systems, applications
Detailed study of requirements of Application components and solutions
Assess existing applications from the perspective of integration with other application
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Prepare User Requirement Specifications document
Prepare FRS detaining Functional and Non Functional requirements
4.1.2 Preparation of System Requirement Specification (SRS) and System Design Document
Prepare SRS and SDD based on the captured business, functional and technological requirements and undertake the following activities:
Independent assessment of the requirements of the concerned department / user group and prepare SRS document
Prepare and maintain various design documents based on principles of modular approach to develop secure and scalable application software (Software/Mobile/GIS) including:
i. Enterprise / Application and Security Architecture Document ii. Data Flow Diagrams (DFD)
iii. High Level Design (HLD) and Low Level Design Documents(LLD)
4.1.3 Development of the Application Software
Design and development of various application modules offering functionalitites in line with the User Requirements, FRS, SRS, SDD etc. and undertake the following activities:
Collect, collate and create metadata for design of database, design application screens, forms, modules, connectors, and develop the application as per final specifications / SRS / SDD etc.
Ensure developed application modules meets DoIT&C / DiETY’s guidelines and standards in terms of security features, application architecture, unicode compliance etc. as per the direction of RISL.
4.1.4 Testing of the Developed Application
Testing of developed application majorly covering performance, security, load and integration testing and undertake the following activities:
Prepare & submit Test Strategy, Test Plan and Test Cases to RISL
Conduct testing of various components / modules of the developed application as per the directions and approval from RISL
Execute and perform various application/ modules testing like performance, load, security,quality testing etc. with the help of the industry standards tols like Load Runner, AppScan, Quality Centre etc.
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Prepare Test cases, conduct UAT and undertake the following activities:
Prepare detailed UAT plans, schedules, procedures and formats
Prepare UAT use case scenarios and expected results
Conduct UAT, identify and rectify developed application issues / errors / bugs reported during the testing / UAT up-to the satisfaction of RISL.
4.1.6 Assist RISL in Security Audit / Safe to Host Certification of developed application
Provide assistance to RISL team in undertaking Security Audit / Safe to Host Certification of the developed application by third party external agency selected by DoIT&C/RISL and undertake the following activities:
Ensure developed application is free from Vulnerability / bugs / defects etc. mandatory for clearing Security Audit / Safe to Host Certification as per the direction of RISL.
Share all the relevant documents like FRS / SRS / Test Cases as required by the third party external agency
Incorporate desired changes in the developed application software suggested by the third party external agency
4.1.7 Deployment and Configuration of Application
Deploy and configure the developed application on the production server as per approval received from RISL and in co-ordination with SDC team.
4.1.8 Application Go-Live
Post deployment of the application, the application development team shall monitor the performance of the application based on the application load / user traffic and make necessary modifications to enhance application performance. Team shall also undertake necessary corrective actions to resolve all the reported bugs to achieve Application Go Live.
4.1.9 Training & Capacity Building
Impart user training at various users levels as per the directions of RISL. Broad activities would include:
Prepare and submit Training Plan and Schedule
Prepare Training Materials, User / Admin Manuals covering all major instructions for all types of users / roles
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Conduct hands-on training on developed application software to the identified set of users to make them well conversant with the built in functionalities, features and processes
4.1.10 Operation and Maintenance of the Application
Manage complete operations and maintenance of the developed application and ensure that the developed application is bug / error free, running smoothly and simultaneously incorporate necessary changes in the application functionality as approved by RISL. Broad activities would include:
Undertake activities like bug fixing, database management, corrective changes, applicaiotn enhancement, handling teething issues etc.
Provide following during operations and maintenance of the developed application: o Database and System Administration support
o User Management and Maintenance o Backup Management
o Debugging, modification, tuning, monitoring and updation in the Application Software as and when required by RISL
o Proper version control and configuration management of the source code 4.2 Initial Deployment of Team
Bidders shall be responsible for initial deployment of below set of resources within 30 days of signing of Agreement with RISL as per the desired skill-set and experience of various categories of resources as specified in the RFP:
Sl.
No. Resource Category
Total No. of Resources to be deployed initially Bidder – 1 Responsible for deployment of initial number of resources Bidder – 2 Responsible for deployment of initial number of resources 1. Solution Architect 1 1 0 2. Senior GIS Application Developer 2 1 1 3. Database Administrator 1 1 0 4. Senior Software Application 8 5 3
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No. Resource Category
Total No. of Resources to be deployed initially Bidder – 1 Responsible for deployment of initial number of resources Bidder – 2 Responsible for deployment of initial number of resources Developer – .NET 5. Senior Software Application Developer – JAVA 0 0 0 6. GIS Application Developer 3 2 1 7. Software Application Developer - .NET 4 2 2 8. Software Application Developer – JAVA 0 0 0 9. Software Application Developer – PHP 0 0 0 10. Mobile Application Developer – Windows & Android
2 1 1 11. Mobile Application Developer – iOS 1 1 0 12. Application Tester 2 0 2 13. Business Analyst 1 1 0 Total 25 15 10
Note: Considering the varied nature of projects to be undertaken under SwDC, DoITC; it has been envisaged that subsequently the total number of resources would increase upto 50 (Fifty) based on the specific skill-set of application developers under various categories of resources anytime during the project period.
4.3 Deliverables, Milestone and Time Schedule
RISL shall be responsible to undertake periodic review of the progress made by the application development team for identification of new initiatives, issues, risks, providing direction for issue / risk resolution and finalize the targets / deliverables of each individual resource. Once finaized, the resources shall be responsible to sincerely work on the
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identified areas and ensure timely completion of their deliverables / targets. At the end of each quarter, progress of each resource shall be closely reviewed and it is expected that the resources shall be sincere to their work and work on extended office hours / holidays to ensure completion of their targets / tasks. If desiered, the team members shall be responsible to maintain timesheet in Project Monitoring Information System (PMIS) / in Excel Template, so that daily tracking of activities can be monitored on regular basis. The indicative list of deliverables are mentioned in the following table:
S. No.
Reference to Scope of Work
Deliverables (Indicative) Timelines
1. Undertake end-to-end responsibility for performing various activities as specified in section 4.1 of the RFP document titled “Scope of work”
User Requirement Document
Functional Requirement Specification (FRS)
Software Requirement Specification (SRS)
System Design Document (SDD)
Enterprise / application / Security Architecture Document
Release of developed application modules for testing
Test Strategy, Test Plan/Test
Cases(Integration, System, Performance), Test Execution Reports
User Acceptance Testing (UAT)
Bug Fixing and Performance Tuning
Application Go Live
Training & Capacity Building
Operation & Maintenance of developed modules / applications
As per the direction received from the RISL
4.4 Roles and Responsibilities of RISL
Evaluate and approve effort estimates provided by the deployed team for development and deployment of application / software module / documents etc.
Arrange suitable working environment at the SwDC and provide necessary hardware infrastructure and software environment to the team for on-site application development
Provide Sign-off / acceptance of various project deliverables submitted by the deployed resources
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Conduct project review meetings with the deployed team and monitor the implementation and overall progress of the application development activity
Provide direction to the deployerd resources and enable them to achive overall objective of the SwDC
Facilitate UAT and appoint external agency for conducting Security Audit / Safe to Host certification of developed applications prior to deployment / hosting at State Data Centre
Provide periodic feedback on changes to be made in the solution to improve usability and functionality of the development application
Review and approve the payments to the Bidder as per quality services provided by the resources.
Set-up and administration of escalation mechanism for faster issue / risk management
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5. INSTRUCTION TO BIDDERS (ITB)
1) Sale of Bidding/ Tender Documents
a) The sale of bidding documents shall be commenced from the date of publication of NIB and shall be stopped one day prior to the date of opening of Bid. The complete bidding document shall also be placed on the SPPP and e-Procurement portal. The prospective bidders shall be permitted to download the bidding document from the websites and pay its price while submitting the Bid to the procuring entity.
b) The bidding documents shall be made available to any prospective bidder who pays the price for it in cash or by bank demand draft, banker's cheque.
c) Bidding documents purchased by Principal of any concern may be used by its authorised sole selling agents/ marketing agents/ distributors/ sub-distributors and authorised dealers or vice versa.
2) Pre-bid Meeting/ Clarifications
a) Any prospective bidder may, in writing, seek clarifications from the procuring entity in respect of the bidding documents.
b) A pre-bid conference is also scheduled by the procuring entity as per the details mentioned in the NIB and to clarify doubts of potential bidders in respect of the procurement and the records of such conference shall be intimated to all bidders and where applicable, shall be published on the respective websites.
c) The period within which the bidders may seek clarifications under (a) above and the period within which the procuring entity shall respond to such requests for clarifications shall be as under: -
a. Last date of submitting clarifications requests by the bidder: as per NIB b. Response to clarifications by procuring entity: as per NIB
d) The minutes and response, if any, shall be provided promptly to all bidders to which the procuring entity provided the bidding documents, so as to enable those bidders to take minutes into account in preparing their bids, and shall be published on the respective websites.
3) Changes in the Bidding Document
a) At any time, prior to the deadline for submission of Bids, the procuring entity may for any reason, whether on its own initiative or as a result of a request for clarification by
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a bidder, modify the bidding documents by issuing an addendum in accordance with the provisions below.
b) In case, any modification is made to the bidding document or any clarification is issued which materially affects the terms contained in the bidding document, the procuring entity shall publish such modification or clarification in the same manner as the publication of the initial bidding document.
c) In case, a clarification or modification is issued to the bidding document, the procuring entity may, prior to the last date for submission of Bids, extend such time limit in order to allow the bidders sufficient time to take into account the clarification or modification, as the case may be, while submitting their Bids.
d) Any bidder, who has submitted his Bid in response to the original invitation, shall have the opportunity to modify or re-submit it, as the case may be, within the period of time originally allotted or such extended time as may be allowed for submission of Bids, when changes are made to the bidding document by the procuring entity; provided that the Bid last submitted or the Bid as modified by the bidder shall be considered for evaluation.
4) Period of Validity of Bids
a) Bids submitted by the bidders shall remain valid during the period specified in the NIB/ bidding document. A Bid valid for a shorter period shall be rejected by the procuring entity as non-responsive Bid.
b) Prior to the expiry of the period of validity of Bids, the procuring entity, in exceptional circumstances, may request the bidders to extend the bid validity period for an additional specified period of time. A bidder may refuse the request and such refusal shall be treated as withdrawal of Bid and in such circumstances bid security shall not be forfeited.
c) Bidders that agree to an extension of the period of validity of their Bids shall extend or get extended the period of validity of bid securities submitted by them or submit new bid securities to cover the extended period of validity of their bids. A bidder whose bid security is not extended, or that has not submitted a new bid security, is considered to have refused the request to extend the period of validity of its Bid.
5) Format and Signing of Bids
a) Bidders must submit their bids online at e-Procurement portal i.e. http://eproc.rajasthan.gov.in.
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b) All the documents uploaded should be digitally signed with the DSC of authorized signatory and uploaded only in PDF format with clear readability and prescribed filename as mentioned in the table below.
c) A Single Stage Two Part / Cover system shall be followed for the Bid: - a. Technical Bid, including fee details, eligibility & technical documents b. Financial Bid
d) The technical bid shall consist of the following documents: -
S. No. Documents Type Document Format
Fee Details 1.
Bidding document Fee (Tender Fee), RISL Processing Fee (e-Procurement) and Bid Security
Instrument / Proof of submission Eligibility Documents
2. Bidder’s Authorisation Certificate
As per Annexure-2 and copy of PoA / Board resolution stating that Auth. Signatory (DSC holder) can sign the bid / contract on behalf of the firm
3.
All the documents mentioned in the “Eligibility Criteria”, in support of the eligibility
As per the format mentioned against the respective eligibility criteria clause Technical Documents
1. Declaration by Bidders As per Annexure-3
2. Certificate of Conformity / No
Deviation As per Annexure-4
3. Bidder’s organization Profile Brief organization profile of the Bidder
4. Relevant documents in support of
Technical bid Scoring Matrix As per Annexure 10 e) Financial bid shall include the following documents: -
S. No. Documents Type Document Format
1. Financial Bid – Covering Letter On bidder’s letter head duly signed by
authorized signatory as per Annexure-5
2. Financial Bid - Format As per BoQ (.XLS) format available on e-Procurement portal
f) The bidder shall ensure that all the required documents, as mentioned in this bidding document, are submitted along with the Bid and in the prescribed format only. Non-submission of the required documents or Non-submission of the documents in a different format/ contents may lead to the rejections of the Bid submitted by the bidder.
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6) Cost & Language of Bidding
a) The Bidder shall bear all costs associated with the preparation and submission of its Bid, and the procuring entity shall not be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process.
b) The Bid, as well as all correspondence and documents relating to the Bid exchanged by the Bidder and the procuring entity, shall be written only in English Language. Supporting documents and printed literature that are part of the Bid may be in another language provided they are accompanied by an accurate translation of the relevant passages in English/ Hindi language, in which case, for purposes of interpretation of the Bid, such translation shall govern.
7) Alternative/ Multiple Bids
Alternative/ Multiple Bids shall not be considered at all.
8) Bid Security (EMD)
Every bidder, if not exempted, participating in the procurement process will be required to furnish the bid security as specified in the NIB.
a) In lieu of bid security, a bid securing declaration shall be taken from Departments of the State Government, Undertakings, Corporations, Autonomous bodies, Registered Societies and Cooperative Societies which are owned or controlled or managed by the State Government and Government Undertakings of the Central Government. b) Bid security instrument or cash receipt of bid security or a bid securing declaration
shall necessarily accompany the technical bid.
c) Bid security of a bidder lying with the procuring entity in respect of other bids awaiting decision shall not be adjusted towards bid security for the fresh bids. The bid security originally deposited may, however, be taken into consideration in case bids are re-invited.
d) The bid security may be given in the form of a banker’s cheque or demand draft or bank guarantee (bank guarantee is allowed only where bid security amount is INR 10 Lakhs or above), in specified format, of a scheduled bank or deposited through eGRAS. The bid security must remain valid 30 days beyond the original or extended validity period of the bid.
e) The issuer of the bid security and the confirmer, if any, of the bid security, as well as the form and terms of the bid security, must be acceptable to the procuring entity.
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f) Prior to presenting a submission, a bidder may request the procuring entity to confirm the acceptability of proposed issuer of a bid security or of a proposed confirmer, if required. The procuring entity shall respond promptly to such a request.
g) The bank guarantee, if any, presented as bid security shall be got confirmed from the concerned issuing bank. However, the confirmation of the acceptability of a proposed issuer or of any proposed confirmer does not preclude the procuring entity from rejecting the bid security on the ground that the issuer or the confirmer, as the case may be, has become insolvent or has otherwise ceased to be creditworthy.
h) The bid security of unsuccessful bidders shall be refunded soon after final acceptance of successful bid and signing of Agreement.
i) The Bid security taken from a bidder shall be forfeited, including the interest, if any, in the following cases, namely:
a. when the bidder withdraws or modifies its bid after opening of bids;
b. when the bidder does not execute the agreement, if any, after placement of supply/ work order within the specified period;
c. when the bidder fails to commence the supply of the service or execute work as per supply/ work order within the time specified;
d. if the bidder breaches any provision of code of integrity, prescribed for bidders, specified in the bidding document.
e. If the bidder fails to submit requisite Security Deposit (SD) or sign the “Agreement” within the time period as specified
f. Notice will be given to the bidder with reasonable time before bid security deposited is forfeited.
g. No interest shall be payable on the bid security.
h. The procuring entity shall promptly return the bid security after the earliest of the following events, namely:
a) the expiry of validity of bid security;
b) the cancellation of the procurement process; or
c) the withdrawal of bid prior to the deadline for presenting bids, unless the bidding documents stipulate that no such withdrawal is permitted
9) Deadline for the submission of Bids
a) Bids shall be received online at e-Procurement portal and up to the time and date specified in the NIB.
b) Normally, the date of submission and opening of Bids would not be extended. In exceptional circumstances or when the bidding document are required to be
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substantially modified as a result of discussions in pre-bid meeting/ conference or otherwise and the time with the prospective bidders for preparation of Bids appears insufficient, the date may be extended by the procuring entity. In such case the publicity of extended time and date shall be given in the manner, as was given at the time of issuing the original NIB and shall also be placed on the State Public Procurement Portal, if applicable. It would be ensured that after issue of corrigendum, reasonable time is available to the bidders for preparation and submission of their Bids. The procuring entity shall also publish such modifications in the bidding document in the same manner as the publication of initial bidding document. If, in the office of the Bids receiving and opening authority, the last date of submission or opening of Bids is a non-working day, the Bids shall be received or opened on the next working day.
10) Withdrawal, Substitution, and Modification of Bids
a) If permitted on e-Procurement portal, a Bidder may withdraw its Bid or re-submit its Bid (technical and/ or financial cover) as per the instructions/ procedure mentioned at e-Procurement website under the section "Bidder's Manual Kit".
b) Bids withdrawn shall not be opened and processes further.
c) No bid shall be withdrawn, substituted, or modified after the last time and date fixed for receipt of bids.
11) Confidentiality
a) Notwithstanding anything contained in this bidding document but subject to the provisions of any other law for the time being in force providing for disclosure of information, a procuring entity shall not disclose any information if such disclosure, in its opinion, is likely to: -
a. impede enforcement of any law;
b. affect the security or strategic interests of India;
c. affect the intellectual property rights or legitimate commercial interests of bidders;
d. affect the legitimate commercial interests of the procuring entity in situations that may include when the procurement relates to a project in which the procuring entity is to make a competitive bid, or the intellectual property rights of the procuring entity.
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b) The procuring entity shall treat all communications with bidders related to the procurement process in such manner as to avoid their disclosure to competing bidders or to any other person not authorised to have access to such information. c) The procuring entity may impose on bidders and sub-contractors, if there are any for
fulfilling the terms of the procurement contract, conditions aimed at protecting information, the disclosure of which violates (a) above.
d) In addition to the restrictions specified above, the procuring entity, while procuring a subject matter of such nature which requires the procuring entity to maintain confidentiality, may impose condition for protecting confidentiality of such information.
12) Cancellation of procurement process
a) If any procurement process has been cancelled, it shall not be reopened but it shall not prevent the procuring entity from initiating a new procurement process for the same subject matter of procurement, if required.
b) A procuring entity may, for reasons to be recorded in writing, cancel the process of procurement initiated by it -
a. at any time prior to the acceptance of the successful Bid; or
b. after the successful Bid is accepted in accordance with (d) and (e) below. c) The procuring entity shall not open any bids or proposals after taking a decision to
cancel the procurement and shall return such unopened bids or proposals.
d) The decision of the procuring entity to cancel the procurement and reasons for such decision shall be immediately communicated to all bidders that participated in the procurement process.
e) If the bidder who’s Bid has been accepted as successful fails to sign any written procurement contract as required, or fails to provide any required security for the performance of the contract, the procuring entity may cancel the procurement process.
f) If a bidder is convicted of any offence under the Act, the procuring entity may: - a. cancel the relevant procurement process if the Bid of the convicted bidder has
been declared as successful but no procurement contract has been entered into; b. rescind (cancel) the relevant contract or forfeit the payment of all or a part
of the contract value if the procurement contract has been entered into between the procuring entity and the convicted bidder.
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13) Code of Integrity for Bidders
a) No person participating in a procurement process shall act in contravention of the code of integrity prescribed by the State Government.
b) The code of integrity include provisions for: - a. Prohibiting
i. any offer, solicitation or acceptance of any bribe, reward or gift or any material benefit, either directly or indirectly, in exchange for an unfair advantage in the procurement process or to otherwise influence the procurement process;
ii. any omission, including a misrepresentation that misleads or attempts to mislead so as to obtain a financial or other benefit or avoid an obligation; iii. any collusion, bid rigging or anti-competitive behaviour to impair the
transparency, fairness and progress of the procurement process;
iv. improper use of information shared between the procuring entity and the bidders with an intent to gain unfair advantage in the procurement process or for personal gain;
v. any financial or business transactions between the bidder and any officer or employee of the procuring entity;
vi. any coercion including impairing or harming or threatening to do the same, directly or indirectly, to any party or to its property to influence the procurement process;
vii. any obstruction of any investigation or audit of a procurement process; b. disclosure of conflict of interest;
c. disclosure by the bidder of any previous transgressions with any entity in India or any other country during the last three years or of any debarment by any other procuring entity.
c) Without prejudice to the provisions below, in case of any breach of the code of integrity by a bidder or prospective bidder, as the case may be, the procuring entity may take appropriate measures including: -
a. exclusion of the bidder from the procurement process;
b. calling-off of pre-contract negotiations and forfeiture or encashment of bid security;
c. forfeiture or encashment of any other security or bond relating to the procurement;
d. recovery of payments made by the procuring entity along with interest thereon at bank rate;
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e. cancellation of the relevant contract and recovery of compensation for loss incurred by the procuring entity;
f. debarment of the bidder from participation in future procurements of the procuring entity for a period not exceeding three years.
14) Interference with Procurement Process A bidder, who: -
a) withdraws from the procurement process after opening of financial bids;
b) withdraws from the procurement process after being declared the successful bidder;
c) fails to enter into procurement contract after being declared the successful bidder; d) fails to provide performance security or any other document or security required in
terms of the bidding documents after being declared the successful bidder, without valid grounds,
shall, in addition to the recourse available in the bidding document or the contract, be punished with fine which may extend to fifty lakh rupees or ten per cent of the assessed value of procurement, whichever is less.
15) Appeals
a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved:
a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”, the appeal may be filed only by a bidder who has participated in procurement proceedings:
b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as
expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal.
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c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (b) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (b) above or of the date of receipt of the order passed under (b) above, as the case may be.
d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal:
e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be :
First Appellate Authority: Managing Director, RISL
Second Appellate Authority: Principal Secretary, Finance Department, GoR f) Form of Appeal:
a. Every appeal under (a) and (c) above shall be as per Annexure-8 along with as many copies as there are respondents in the appeal.
b. Every appeal shall be accompanied by an order appealed against, if any, affidavit verifying the facts stated in the appeal and proof of payment of fee. c. Every appeal may be presented to First Appellate Authority or Second
Appellate Authority, as the case may be, in person or through registered post or authorised representative.
g) Fee for Appeal: Fee for filing appeal:
a. Fee for first appeal shall be rupees two thousand five hundred and for second appeal shall be rupees ten thousand, which shall be non-refundable.
b. The fee shall be paid in the form of bank demand draft or banker’s cheque of a Scheduled Bank payable in the name of Appellate Authority concerned. h) Procedure for disposal of appeal:
a. The First Appellate Authority or Second Appellate Authority, as the case may be, upon filing of appeal, shall issue notice accompanied by copy of appeal, affidavit and documents, if any, to the respondents and fix date of hearing. b. On the date fixed for hearing, the First Appellate Authority or Second
Appellate Authority, as the case may be, shall,-
i. hear all the parties to appeal present before him; and
ii. peruse or inspect documents, relevant records or copies thereof relating to the matter.
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c. After hearing the parties, perusal or inspection of documents and relevant records or copies thereof relating to the matter, the Appellate Authority concerned shall pass an order in writing and provide the copy of order to the parties to appeal free of cost.
d. The order passed under (c) shall also be placed on the State Public Procurement Portal.
i) No information which would impair the protection of essential security interests of India, or impede the enforcement of law or fair competition, or prejudice the legitimate commercial interests of the bidder or the procuring entity, shall be disclosed in a proceeding under an appeal.
16) Stay of procurement proceedings
While hearing of an appeal, the officer or authority hearing the appeal may, on an application made in this behalf and after affording a reasonable opportunity of hearing to the parties concerned, stay the procurement proceedings pending disposal of the appeal, if he, or it, is satisfied that failure to do so is likely to lead to miscarriage of justice.
17) Vexatious Appeals & Complaints
Whoever intentionally files any vexatious, frivolous or malicious appeal or complaint under the “The Rajasthan Transparency Public Procurement Act 2012”, with the intention of delaying or defeating any procurement or causing loss to any procuring entity or any other bidder, shall be punished with fine which may extend to twenty lakh rupees or five per cent of the value of procurement, whichever is less.
18) Offenses by Firms/ Companies
a) Where an offence under “The Rajasthan Transparency Public Procurement Act 2012” has been committed by a company, every person who at the time the offence was committed was in charge of and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of having committed the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable for any punishment if he proves that the offence was committed without his
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knowledge or that he had exercised all due diligence to prevent the commission of such offence.
b) Notwithstanding anything contained in (a) above, where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of having committed such offence and shall be liable to be proceeded against and punished accordingly.
c) For the purpose of this section-
a. "company" means a body corporate and includes a limited liability partnership, firm, registered society or co- operative society, trust or other association of individuals; and
b. "director" in relation to a limited liability partnership or firm, means a partner in the firm.
d) Abetment of certain offenses: Whoever abets an offence punishable under this Act, whether or not that offence is committed in consequence of that abetment, shall be punished with the punishment provided for the offence.
19) Debarment from Bidding
a) A bidder shall be debarred by the State Government if he has been convicted of an offence
a. under the Prevention of Corruption Act, 1988 (Central Act No. 49 of 1988); or
b. under the Indian Penal Code, 1860 (Central Act No. 45 of 1860) or any other law for the time being in force, for causing any loss of life or property or causing a threat to public health as part of execution of a public procurement contract.
b) A bidder debarred under (a) above shall not be eligible to participate in a procurement process of any procuring entity for a period not exceeding three years commencing from the date on which he was debarred.
c) If a procuring entity finds that a bidder has breached the code of integrity prescribed in terms of “Code of Integrity for bidders” above, it may debar the bidder for a period not exceeding three years.
d) Where the entire bid security or the entire performance security or any substitute thereof, as the case may be, of a bidder has been forfeited by a procuring entity in
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respect of any procurement process or procurement contract, the bidder may be debarred from participating in any procurement process undertaken by the procuring entity for a period not exceeding three years.
e) The State Government or a procuring entity, as the case may be, shall not debar a bidder under this section unless such bidder has been given a reasonable opportunity of being heard.
20) Monitoring of Contract
a) An officer or a committee of officers named Contract Monitoring Committee (CMC) may be nominated by procuring entity to monitor the progress of the contract during its delivery period.
b) During the delivery period the CMC shall keep a watch on the progress of the contract and shall ensure that quantity of service delivery is in proportion to the total delivery period given, if it is a severable contract, in which the delivery of the service is to be obtained continuously or is batched. If the entire quantity of service is to be delivered in the form of completed work or entire contract like fabrication work, the process of completion of work may be watched and inspections of the selected bidder’s premises where the work is being completed may be inspected. c) If delay in delivery of service is observed a performance notice would be given to
the selected bidder to speed up the delivery.
d) Any change in the constitution of the firm, etc. shall be notified forth with by the contractor in writing to the procuring entity and such change shall not relieve any former member of the firm, etc., from any liability under the contract.
e) No new partner/ partners shall be accepted in the firm by the selected bidder in respect of the contract unless he/ they agree to abide by all its terms, conditions and deposits with the procuring entity through a written agreement to this effect. The bidder’s receipt for acknowledgement or that of any partners subsequently accepted as above shall bind all of them and will be sufficient discharge for any of the purpose of the contract.
f) The selected bidder shall not assign or sub-let his contract or any substantial part thereof to any other agency without the permission of procuring entity.
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6. SELECTION AND BID EVALUATION PROCEDURE
1) Opening of Bids
a) The Bids shall be opened by the bid opening & evaluation committee on the date and time mentioned in the NIB in the presence of the bidders or their authorised representatives who choose to be present.
b) The committee may co-opt experienced persons in the committee to conduct the process of Bid opening.
c) The committee shall prepare a list of the bidders or their representatives attending the opening of Bids and obtain their signatures on the same. The list shall also contain the representative’s name and telephone number and corresponding bidders’ names and addresses. The authority letters, if any, brought by the representatives shall be attached to the list. The list shall be signed by all the members of Bid opening committee with date and time of opening of the Bids.
d) All the documents comprising of technical Bid/ cover shall be opened & downloaded from the e-Procurement website (only for the bidders who have submitted the prescribed fee(s) to RISL).
e) The committee shall conduct a preliminary scrutiny of the opened technical Bids to assess the prima-facie responsiveness and ensure that the: -
a. bid is accompanied by bidding document fee, bid security or bid securing declaration, and processing fee (if applicable);
b. bid is valid for the period, specified in the bidding document;
c. bid is unconditional and the bidder has agreed to give the required performance security; and
d. other conditions, as specified in the bidding document are fulfilled. e. any other information which the committee may consider appropriate.
f) No Bid shall be rejected at the time of Bid opening except the Bids not accompanied with the proof of payment or instrument of the required price of bidding document, processing fee and bid security.
g) The Financial Bid cover shall be kept unopened and shall be opened later on the date and time intimated to the bidders who qualify in the evaluation of technical Bids.
2) Selection Method:
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3) Clarification of Bids
a) To assist in the examination, evaluation, comparison and qualification of the Bids, the bid evaluation committee may, at its discretion, ask any bidder for a clarification regarding its Bid. The committee’s request for clarification and the response of the bidder shall be through the e-Procurement portal.
b) Any clarification submitted by a bidder with regard to its Bid that is not in response to a request by the committee shall not be considered.
c) No change in the prices or substance of the Bid shall be sought, offered, or permitted, except to confirm the correction of arithmetic errors discovered by the committee in the evaluation of the financial Bids.
d) No substantive change to qualification information or to a submission, including changes aimed at making an unqualified bidder, qualified or an unresponsive submission, responsive shall be sought, offered or permitted.
4) Evaluation & Tabulation of Technical Bids a) Determination of Responsiveness
a. The bid evaluation committee shall determine the responsiveness of a Bid on the basis of bidding document and the provisions of pre-qualification / eligibility criteria of the bidding document.
b. A responsive Bid is one that meets the requirements of the bidding document without any material deviation, reservation, or omission where: -
i. “deviation” is a departure from the requirements specified in the bidding document;
ii. “reservation” is the setting of limiting conditions or withholding from complete acceptance of the requirements specified in the bidding document; and iii. “Omission” is the failure to submit part or all of the information or
documentation required in the bidding document. c. A material deviation, reservation, or omission is one that,
i. if accepted, shall:-
1. affect in any substantial way the scope, quality, or performance of the subject matter of procurement specified in the bidding documents; or 2. limits in any substantial way, inconsistent with the bidding documents, the
procuring entity’s rights or the bidder’s obligations under the proposed contract; or
ii. if rectified, shall unfairly affect the competitive position of other bidders presenting responsive Bids.